Pushpita Sinha v. Veenesh Priyadarshi

28 MCA-68-21.doc BDP-SPS-TAC BHARAT DASHARATH PANDIT

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION MISC. CIVIL APPLICATION NO. 68 OF 2021 BHARAT DASHARATH PANDIT Date: 2021.08.31 11:26:30 +0530 Mrs. Pushpita Sinha ....Applicant V/s Mr. Veenesh Priyadarshi .....Respondent Mr. J.S. Kini i/b Sapna S. Krishnappa for the Applicant. None for the Respondent.

CORAM: NITIN W. SAMBRE, J.

DATE: AUGUST 26, 2021 P.C.:- 1] Heard Mr. Kini, learned Counsel for the Applicant. 2] Though served, none appears for non-applicant/husband. As such, contentions/pleadings raised in the application are not controverted.

3] Additional affidavit tendered by the Counsel for the Applicant is taken on record.

4] Counsel for the Applicant invited my attention to additional affidavit which is placed on record, copy of which I am informed has 1/2

28 MCA-68-21.doc already been served on the other side. Affidavit placed on record speaks of the son who is in custody of the Applicant, is a slow learner. Said contentions are also not controverted.

5] In the aforesaid backdrop, issue of hardship has to be answered in favour of the Applicant. That being so Application stands allowed in terms of prayer clause [a][i] and [ii] which read as under:- [a] That this Hon'

ble Court be pleased to exercise jurisdiction under section 24 of the C.P.C. and after calling for the papers and proceedings of [i] Marriage Petition No.741 of 2017 filed in the Court of Hon'

ble Civil Judge, Senior Division, Pune, at Pune and pending before it and/or Family Court, Pune as well as [ii] Custody Petition bearing No.2023 of 2019 pending in the Court of Hon'

ble Civil Judge Senior Division, Pune, at Pune and/or Family Court, Pune and transfer the same to the Family Court at Bandra, Mumbai."

( NITIN W. SAMBRE, J. ) 2/2